Amendment ASA1-AB100

AB100-ASA1,1630,7 301.32 (1) Property delivered to steward; credit and debit. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a prisoner or resident shall be delivered to the steward, who shall enter the property upon his or her books to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB100-ASA1, s. 2796 Section 2796. 301.46 (4) (a) 8. of the statutes is amended to read:

AB100-ASA1,1630,10 301.46 (4) (a) 8. An agency providing child welfare services under s. 48.48 (17) (b) or 48.57 (2).

AB100-ASA1, s. 3879m Section 3879m. 302.01 of the statutes, as affected by 1997 Wisconsin Act 4, is amended to read:

AB100-ASA1,1631,6 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institutions institution authorized under s. 301.16 (1n) or (1o), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB100-ASA1, s. 2797 Section 2797. 302.02 (3t) of the statutes is amended to read:

AB100-ASA1,1631,14 302.02 (3t) (title) Other states' institutions Institutions located in other states. For all purposes of discipline and for judicial proceedings, each institution of that is located in another state or of a political subdivision of another state and authorized for use under s. 301.21 and the precincts thereof of the institution shall be deemed to be in a county in which the institution is physically located, and the courts of that county shall have jurisdiction of any activity, wherever located, conducted by the institution.

AB100-ASA1, s. 3909b Section 3909b. 303.01 (2) (em) of the statutes is amended to read:

AB100-ASA1,1632,10 303.01 (2) (em) Lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 3 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may select a business or enter into a lease under this paragraph only with the approval of the joint committee on finance. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

AB100-ASA1, s. 2798 Section 2798. 303.01 (8) of the statutes is amended to read:

AB100-ASA1,1632,23 303.01 (8) Disposition of earnings. The department has the authority to determine how much, if any, of the earnings of an inmate or resident may be spent and for what purposes they may be spent within the confines of the prison or institution. The department shall distribute earnings for the crime victim and witness assistance surcharge under s. 973.045 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law. The department shall credit all moneys that it collects from earnings of inmates and residents under sub. (2) (em) to the appropriation account under s. 20.410 (1) (gi).

AB100-ASA1, s. 3910g Section 3910g. 303.063 of the statutes is repealed.

AB100-ASA1, s. 3913g Section 3913g. 303.21 (1) (b) of the statutes is amended to read:

AB100-ASA1,1633,9 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.

AB100-ASA1, s. 2799 Section 2799. 304.073 (1) (a) of the statutes is amended to read:

AB100-ASA1,1633,12 304.073 (1) (a) "Administrative supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. a.

AB100-ASA1, s. 2800 Section 2800. 304.073 (1) (b) of the statutes is amended to read:

AB100-ASA1,1633,15 304.073 (1) (b) "Minimum supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. b.

AB100-ASA1, s. 2801 Section 2801. 304.073 (2) of the statutes is amended to read:

AB100-ASA1,1633,23 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or parolee who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2. The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB100-ASA1, s. 2802 Section 2802. 304.073 (2m) of the statutes is created to read:

AB100-ASA1,1634,7 304.073 (2m) (a) If a probationer or parolee who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer or parolee that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

AB100-ASA1,1634,14 (b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.

AB100-ASA1, s. 2803 Section 2803. 304.073 (4) of the statutes is created to read:

AB100-ASA1,1634,18 304.073 (4) The department may decide not to charge a fee under sub. (2) to any probationer or parolee if the probationer or parolee demonstrates that he or she is unable to pay the fee because of any of the following:

AB100-ASA1,1634,20 (a) The probationer or parolee is undergoing treatment approved by the department and is unable to work.

AB100-ASA1,1634,23 (b) The probationer or parolee has a statement from a physician certifying to the department that the probationer or parolee should be excused from working for medical reasons.

AB100-ASA1, s. 2804 Section 2804. 304.074 (1) (a) of the statutes is amended to read:

AB100-ASA1,1635,2 304.074 (1) (a) "Administrative supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. a.

AB100-ASA1, s. 2805 Section 2805. 304.074 (1) (b) of the statutes is amended to read:

AB100-ASA1,1635,5 304.074 (1) (b) "Minimum supervision" has the meaning given in rules promulgated under s. 301.08 (1) (c) 1. b.

AB100-ASA1, s. 2806 Section 2806. 304.074 (4m) of the statutes is created to read:

AB100-ASA1,1635,13 304.074 (4m) (a) If a probationer or parolee who owes unpaid fees to the department under sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer or parolee that states that he or she owes unpaid fees under sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under s. 304.078 or 973.09 (5).

AB100-ASA1,1635,20 (b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.

AB100-ASA1, s. 2807 Section 2807. 340.01 (56) (a) 4. of the statutes is amended to read:

AB100-ASA1,1635,24 340.01 (56) (a) 4. Children as defined under s. 115.76 (2) with exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an educational program approved by the department of education public instruction.

AB100-ASA1, s. 3961m Section 3961m. 341.04 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1636,13 341.04 (1) (intro.) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of this state any motor vehicle, mobile home, trailer or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this state, or, except for registration under s. 341.30 or 341.305, a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid, or and, if the vehicle is an automobile, station wagon or any other vehicle having a gross vehicle weight rating of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle or the operator or owner of the vehicle produces proof that operation of the vehicle is within 2 business days of the vehicle's sale or transfer, or the vehicle in question is exempt from registration.

AB100-ASA1, s. 3962m Section 3962m. 341.04 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,1636,20 341.04 (1) (a) A vehicle may be operated by a private person after the date of purchase or commencement of the lease of such vehicle by such private person or after the date such person moved to this state if application for registration, except for registration under s. 341.30 or 341.305, and certificate of title has been made and the person otherwise complies with any applicable requirements of this section.

AB100-ASA1, s. 2808 Section 2808. 341.05 (19) of the statutes is amended to read:

AB100-ASA1,1636,25 341.05 (19) Is a motor vehicle last previously registered in another jurisdiction or a repaired salvage vehicle operated to or from a location where it is to be inspected as required by ss. 342.06 (1) (g) and s. 342.07, or an unregistered vehicle operated to or from a location where it is to be inspected as required by s. 110.20.

AB100-ASA1, s. 3964m Section 3964m. 341.05 (24) of the statutes is amended to read:

AB100-ASA1,1637,3 341.05 (24) Is a golf cart being operated in accordance with s. 349.18 (1) (b) or (c).

AB100-ASA1, s. 2809 Section 2809. 341.057 of the statutes is amended to read:

AB100-ASA1,1637,6 341.057 All-terrain vehicles. All-terrain vehicles are not required to be registered under this chapter but shall be registered under s. 23.33 (2) or (2g).

AB100-ASA1, s. 3971g Section 3971g. 341.09 (1) of the statutes is renumbered 341.09 (1) (a) and amended to read:

AB100-ASA1,1637,19 341.09 (1) (a) The department shall issue temporary operation plates as provided under subs. (2), (2m) and (9) and may issue a temporary operation permit or plate for an unregistered vehicle under any of the circumstances set forth in subs. (2) to (6). Such as otherwise provided under this section. Except as provided in par. (b), the permits or plates shall contain the date of expiration and sufficient information to identify the vehicle for which and the person to whom it is issued. The department may place the information identifying the vehicle and the person to whom the permit or plate is issued on a separate form. Except as provided in subs. (3) to (5), a temporary operation plate issued under this section is valid for a period of 90 days or until the applicant receives the regular registration plates, whichever occurs first.

AB100-ASA1, s. 3971h Section 3971h. 341.09 (1) (b) of the statutes is created to read:

AB100-ASA1,1637,24 341.09 (1) (b) The department shall specify by rule the design of temporary operation plates issued under sub. (2), (2m) or (9) for an automobile, station wagon or any other vehicle having a gross vehicle weight rating of 8,000 pounds or less, and the system to be used to identify the date of issuance of such plates.

AB100-ASA1, s. 3971hm Section 3971hm. 341.09 (2) (c) of the statutes is repealed.

AB100-ASA1, s. 3971j Section 3971j. 341.09 (2) (d) of the statutes is amended to read:

AB100-ASA1,1638,8 341.09 (2) (d) The department may issue temporary operation plates for use on any vehicle except buses, for-hire vehicles and vehicles which are subject to registration under the international registration plan if the state is a party to such plan or vehicles which are subject to registration under s. 341.41 (9). The department shall determine the size, color, design, form and specifications of the plate. The department shall charge a fee of $3 $10 for each temporary operation plate issued under this subsection.

AB100-ASA1, s. 3971m Section 3971m. 341.09 (2) (f) of the statutes is repealed.

AB100-ASA1, s. 3972d Section 3972d. 341.09 (2m) (a) of the statutes is renumbered 341.09 (2m) (a) 1. and amended to read:

AB100-ASA1,1638,21 341.09 (2m) (a) 1. Upon request by a dealer licensed in this state who is not a dealer of new motor vehicles, the department may issue any number of temporary operation plates to a dealer under sub. (2) at a fee of $3 per plate. The without charge. The department shall issue a sufficient number of temporary operation plates without charge to each dealer of new motor vehicles who is licensed in this state. Except as provided in subd. 2., the dealer may issue the temporary operation plate at a fee of $3 to any state resident who purchases from the dealer any type of vehicle except buses, for-hire vehicles and vehicles which are subject to registration under the international registration plan if the state is a party to such plan or vehicles which are subject to registration under s. 341.41 (9).

AB100-ASA1,1638,25 3. Each dealer shall charge a fee of $10 for each temporary operation plate issued under this paragraph, of which $7.50 shall be forwarded to the department. The department shall prescribe the manner in which a dealer shall keep records of temporary operation plates issued by the dealer.

AB100-ASA1, s. 3972g Section 3972g. 341.09 (2m) (a) 2. of the statutes is created to read:

AB100-ASA1,1639,9 341.09 (2m) (a) 2. Each dealer of new motor vehicles shall issue the temporary operation plate to any state resident for use on an automobile, station wagon or any other vehicle having a gross vehicle weight rating of 8,000 pounds or less, regardless of whether the vehicle is new or the person purchased the vehicle from the dealer, if the dealer is satisfied as to ownership of the vehicle and the person certifies to the dealer that he or she has made application for registration to the department and has neither received the regular registration plates for the vehicle nor has been issued a temporary operation plate under this section for the vehicle.

AB100-ASA1, s. 3972h Section 3972h. 341.09 (2m) (b) of the statutes is repealed.

AB100-ASA1, s. 3972j Section 3972j. 341.09 (2m) (c) of the statutes is repealed.

AB100-ASA1, s. 3973e Section 3973e. 341.09 (4) of the statutes is amended to read:

AB100-ASA1,1639,19 341.09 (4) Upon receipt of an application and a fee of $3 $10, the department shall register a vehicle purchased in this state by a nonresident for a period not to exceed 30 days. The department shall determine the size, color, design, form and specifications of a plate issued under this subsection. The plate may be similar or identical to a plate issued under sub. (2). The department may issue the plates to dealers at a fee of $3 per plate in the manner and for the purpose provided in sub. (2m).

AB100-ASA1, s. 3973g Section 3973g. 341.09 (5) of the statutes is amended to read:

AB100-ASA1,1640,2 341.09 (5) The department may issue a temporary operation permit or plate which is valid for a period of 30 days upon request of the owner of a vehicle which is subject to the inspection required by s. 110.20 (6). The department shall charge a fee of $3 $10 for each temporary operation permit or plate issued under this subsection. The department shall determine the size, color, design, form and specification of the plate.

AB100-ASA1, s. 3973j Section 3973j. 341.09 (9) of the statutes is created to read:

AB100-ASA1,1640,9 341.09 (9) (a) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate for an automobile, station wagon or any other vehicle having a gross vehicle weight rating of 8,000 pounds or less upon receipt of an application if the department does not immediately issue the regular registration plates for the vehicle and the department determines that the applicant has not otherwise been issued a temporary operation plate under this section.

AB100-ASA1,1640,15 (b) Subject to sub. (1) (b), the department shall determine the size, color, design, form and specifications of the temporary operation plates under this subsection. A temporary operation plate issued under this subsection shall contain sufficient information to identify the vehicle for which and the person to whom it is issued. The department shall charge a fee of $10 for each temporary operation plate issued under this subsection.

AB100-ASA1, s. 3975m Section 3975m. 341.10 (3) of the statutes is amended to read:

AB100-ASA1,1640,20 341.10 (3) A certificate of title is a prerequisite to registration of the vehicle and the applicant does not hold a valid certificate of title and has not been issued to the applicant for the vehicle and the applicant is not entitled to the issuance of a certificate of title.

AB100-ASA1, s. 3980m Section 3980m. 341.14 (4) of the statutes is amended to read:

AB100-ASA1,1640,24 341.14 (4) For antique motor vehicles as specified in s. 341.265. The special plate for an antique motorcycle under this subsection shall be the same size as the usual registration plate for a motorcycle that is not an antique motorcycle.

AB100-ASA1, s. 2810 Section 2810. 341.14 (6m) (b) (intro.), 1. and 2. of the statutes are amended to read:

AB100-ASA1,1641,6 341.14 (6m) (b) (intro.) Except as provided in par. (c), if an individual in possession of special plates under this subsection or of personalized plates under s. 341.145 (1) (b) does not maintain membership in the national guard during a year which is not a plate issuance year, the individual shall do all of the following:

AB100-ASA1,1641,7 1. Dispose of the special plates in a manner prescribed by the department;.

AB100-ASA1,1641,9 2. In addition to the regular application fee, pay a $4 fee for the issuance of replacement plates; and.

AB100-ASA1, s. 2811 Section 2811. 341.14 (6m) (b) 3. of the statutes is repealed.

AB100-ASA1, s. 3988g Section 3988g. 341.14 (6r) (b) 6. of the statutes is created to read:

AB100-ASA1,1641,23 341.14 (6r) (b) 6. An additional fee of $20 that is in addition to the fee under subd. 3. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 53. An additional fee of $40 that is in addition to the fee under subd. 3. shall be charged for the issuance or renewal of a plate issued on a biennial basis for the special group specified under par. (f) 53. if the plate is issued or renewed during the first year of the biennial registration period or $20 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. All moneys received under this subdivision in excess of the initial costs of data processing for the special group plate under par. (f) 53. or $35,000, whichever is less, shall be deposited in the children's trust fund. To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.

AB100-ASA1, s. 3988m Section 3988m. 341.14 (6r) (bg) 3. b. of the statutes is amended to read:

AB100-ASA1,1642,6 341.14 (6r) (bg) 3. b. Credit Deposit in the general fund and credit to the appropriation account under s. 20.525 (1) (qr) (gm) the amount, if any, by which fees received under subd. 2. during the preceding fiscal quarter exceeded the total cost computed under subd. 3. a., except that with respect to fees received during the 2nd fiscal quarter of the 1998-99 fiscal year, the department shall deposit the amount, if any, in the historical legacy trust fund.

AB100-ASA1, s. 3989j Section 3989j. 341.14 (6r) (c) of the statutes, as affected by 1995 Wisconsin Act 445, section 16, is amended to read:

AB100-ASA1,1642,19 341.14 (6r) (c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. The department shall specify the design for special group plates, but the department shall consult the president of the university of Wisconsin system before specifying the design for the special group plates under par. (f) 35. to 47. and, the secretary of natural resources before specifying the design for the special group plate under par. (f) 50. and the child abuse and neglect prevention board before specifying the design for the special group plate under par. (f) 53. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.

AB100-ASA1, s. 3989m Section 3989m. 341.14 (6r) (e) of the statutes, as affected by 1995 Wisconsin Act 445, section 18, is amended to read:

AB100-ASA1,1643,20 341.14 (6r) (e) The department shall specify one combination of colors for special group plates for groups or organizations which are not military in nature and not special group plates under par. (f) 35. to 47. and 50. The department, after consulting the president of the university of Wisconsin system, shall specify one combination of colors for special group plates under par. (f) 35. to 47. The department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization, except that the department may not specify the word or words or the symbol for special group plates under par. (f) 35. to 47. unless the word or words or symbol is approved in writing by the president of the university of Wisconsin system or, with respect to endangered resources, specify the word or words or the symbol for special group plates under par. (f) 50. unless the word or words or symbol is approved in writing by the secretary of natural resources or, with respect to child abuse and neglect prevention, specify any word or words other than "Children First" or the symbol for special group plates under par. (f) 53. unless the word or words or symbol is approved in writing by the child abuse and neglect prevention board. The president may not approve the word or words or symbol for a university specified under par. (f) 35. to 47. unless the chancellor of the university approves in writing the word or words or symbol. The department shall require that the word or words and symbol for a university specified under par. (f) 35. to 47. be a registration decal or tag and affixed to the special group plate and be of the colors for a university specified under par. (f) 35. to 47. that the president of the university of Wisconsin system specifies.

AB100-ASA1, s. 3989p Section 3989p. 341.14 (6r) (f) 53. of the statutes is created to read:

AB100-ASA1,1643,24 341.14 (6r) (f) 53. Persons interested in obtaining a plate with the words "Children First" on it to show their support of the prevention of child abuse and neglect.

AB100-ASA1, s. 3990m Section 3990m. 341.14 (6r) (g) (intro.) of the statutes is amended to read:

AB100-ASA1,1644,6 341.14 (6r) (g) (intro.) Except as provided in par. (bm) 1., if an individual in possession of special plates under par. (f) 33., 34. or 48. or of personalized plates under s. 341.145 (1) (c) of the same color and design as special plates under par. (f) 33., 34. or 48. does not maintain membership in the applicable authorized special group during a year which is not a plate issuance year, the individual shall do all of the following: